Confidentiality; Exceptions. The confidentiality restrictions contained in Section 2.10 and 2.2 of this Confidentiality Agreement shall not apply to information that Adopter can demonstrate: (i) is either Confidential or Highly Confidential Information which is or becomes or has become generally known to the public through no breach of Adopter's obligations owed to DTLA hereunder or the Founders and which DTLA failed to remove from public availability or to enjoin such public disclosure within 120 days after the date such information is or becomes generally known as set forth above; or (ii) is or has been developed by Adopter's employees (whether independently or jointly with others) without having reliance on or use of (whether directly or through any intermediaries) to any such Confidential Information or Highly Confidential Information (or any translation, derivation or abstractions of Confidential Information or Highly Confidential Information) and without any breach of Adopter's obligations to DTLA or the Founders, provided that the confidentiality restrictions shall continue to apply to Device Keys provided to Adopter; or (iii) is or has been disclosed to Adopter by a third party which had developed (whether independently or jointly with others) such information without reliance on or use of (whether directly or through any intermediaries) to any Confidential Information or Highly Confidential Information and without any breach of any such third party's obligations to DTLA or the Founders.
Appears in 7 contracts
Samples: Digital Transmission Protection License Agreement, Digital Transmission Protection License Agreement, Digital Transmission Protection License Agreement
Confidentiality; Exceptions. The confidentiality restrictions contained in Section 2.10 and 2.2 of this HCI Confidentiality Agreement shall not apply to information that Adopter Content Participant can demonstrate: (i) is either Confidential or Highly Confidential Information which is or becomes or has become generally known to the public through no breach of Adopter's Content Participant’s obligations owed to DTLA hereunder Licensor or the Founders and which DTLA Licensor failed to remove from public availability or to enjoin such public disclosure within 120 days after the date such information is or becomes generally known as set forth above; or (ii) is or has been developed by Adopter's Content Participant’s employees (whether independently or jointly with others) without having reliance on or use of access (whether directly or through any intermediaries) to any such Highly Confidential Information or Highly other Confidential Information (or any translation, derivation or abstractions of Confidential Information or Highly Confidential Information) and without any breach of Adopter's Content Participant’s obligations to DTLA Licensor or the Founders, provided that the confidentiality restrictions shall continue to apply to Device Keys provided to Adopter; or (iii) is or has been disclosed to Adopter Content Participant by a third party which had developed (whether independently or jointly with others) or obtained such information without reliance on or use of any access (whether directly or through any intermediaries) to any Highly Confidential Information or Highly other Confidential Information and without any breach of any such third party's obligations to DTLA Licensor or the Founders.
Appears in 6 contracts
Samples: Content Participant Agreement, Content Participant Agreement, Content Participant Agreement
Confidentiality; Exceptions. The confidentiality restrictions contained in Section 2.10 and 2.2 of this Confidentiality Agreement shall not apply to information Confidential Information that Adopter Content Participant can demonstrate: (i) is either Confidential or Highly Confidential Information which is or becomes or has become generally known to the public through no breach of Adopter's Content Participant’s obligations owed to DTLA hereunder Licensor or the Founders and which DTLA Licensor failed to remove from public availability or to enjoin such public disclosure within 120 days after the date such information is or becomes generally known as set forth above; or (ii) is or has been developed by Adopter's Content Participant’s employees (whether independently or jointly with others) without having reliance on or use of access (whether directly or through any intermediaries) to any such Confidential Information or Highly Confidential Information (or any translation, derivation or abstractions of Confidential Information or Highly Confidential Information) and without any breach of Adopter's Content Participant’s obligations to DTLA Licensor or the Founders, provided that the confidentiality restrictions shall continue to apply to Device Keys provided to Adopter; or (iii) is or has been disclosed to Adopter Content Participant by a third party which had developed (whether independently or jointly with others) or obtained such information without reliance on or use of any access (whether directly or through any intermediaries) to any Confidential Information or Highly Confidential Information and without any breach of any such third party's ’s obligations to DTLA Licensor or the Founders.
Appears in 6 contracts
Samples: Content Participant Agreement, Content Participant Agreement, Content Participant Agreement
Confidentiality; Exceptions. The confidentiality restrictions contained in Section 2.10 2.1 and 2.2 of this Confidentiality Agreement shall not apply to information that Adopter can demonstrate: (i) is either Confidential or Highly Confidential Information which is or becomes or has become generally known to the public through no breach of Adopter's obligations owed to DTLA hereunder or the Founders and which DTLA failed to remove from public availability or to enjoin such public disclosure within 120 days after the date such information is or becomes generally known as set forth above; or (ii) is or has been developed by Adopter's employees (whether independently or jointly with others) without having reliance on or use of (whether directly or through any intermediaries) to any such Confidential Information or Highly Confidential Information (or any translation, derivation or abstractions of Confidential Information or Highly Confidential Information) and without any breach of Adopter's obligations to DTLA or the Founders, provided that the confidentiality restrictions shall continue to apply to DTCP2 Device Keys provided to Adopter; or (iii) is or has been disclosed to Adopter by a third party which had developed (whether independently or jointly with others) such information without reliance on or use of (whether directly or through any intermediaries) to any Confidential Information or Highly Confidential Information and without any breach of any such third party's obligations to DTLA or the Founders.
Appears in 4 contracts
Samples: Dtcp2 Digital Transmission Protection License Agreement, Dtcp2 Digital Transmission Protection License Agreement, Dtcp2 Digital Transmission Protection License Agreement
Confidentiality; Exceptions. The confidentiality restrictions contained obligations set forth in Section 2.10 and 2.2 of this Confidentiality Agreement shall not apply to information that Adopter can demonstrate: demonstrate (ia) is either Confidential or Highly Confidential Information which is or becomes or that has become generally known to the public through no breach of Adopter's ’s obligations owed to DTLA hereunder Licensor or the Founders and which DTLA failed to remove from public availability or to enjoin such public disclosure within 120 days after the date such information is or becomes generally known as set forth above; or Founder, (iib) is or has been independently developed by Adopter's ’s employees (whether independently alone or jointly with others) without having reliance on or use of (whether directly or through any intermediaries) to any such Confidential Information or Highly Confidential Information (or including but not limited to any translationtranslations, derivation derivations or abstractions of Confidential Information or Highly Confidential Informationsuch information) and without any breach of Adopter's ’s obligations to DTLA Licensor or the Foundersto Founder, provided that the confidentiality restrictions obligations shall continue to apply to Device Keys provided to Adopter; or Keys, (iiic) is or has been independently developed and disclosed to Adopter by a third party which had developed (whether independently or jointly with others) such information without reliance on or use of (whether directly or through any intermediaries) to any Confidential Information or Highly Confidential Information and without any breach of any such third party's ’s obligations to DTLA Licensor or to Founder, (d) is disclosed in response to an order of a court or other authority of competent jurisdiction, provided that Adopter shall first have given notice to Licensor and Founder and given them a reasonable opportunity to obtain a protective order, and provided further that, upon Licensor’s or Founder’s request, Adopter shall reasonably cooperate in challenging the Foundersscope of any required disclosure, or (e) is otherwise required by law to be disclosed, provided that Adopter shall notify Licensor and Founder of such requirement as promptly as possible, and shall, upon Licensor’s or Founder’s request, reasonably cooperate in challenging the scope of any required disclosure.
Appears in 3 contracts
Samples: HDCP License Agreement, HDCP License Agreement, HDCP License Agreement